Personal Injury Claims in California
Various accidents and incidents can lead to claims under personal injury or wrongful death law.
These can include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Product liability (accidents caused by defective consumer products)
- Slip-and-fall accidents
- Other accidents caused by dangerous property (premises liability)
- Medical malpractice
- Fires/burn injuries
- Head injuries
- Birth injuries
- Workplace accidents
Why You Need a Lawyer When Dealing with Insurers
If you or a loved one has suffered a personal injury, you will likely be contacted by insurance agents asking you to give statements. At this critical juncture, we can step in and deal with the insurance companies on your behalf to protect your rights and best interests.
Insurance companies are known to take advantage of victims' unfamiliarity with the law and the claims process. They commonly offer settlements far below fair value or deny valid claims. They are businesses, first and foremost, aiming to minimize payouts to protect their financial interests. Their representatives are skilled in eliciting statements that can be misconstrued or used out of context to devalue or deny your claim.
For instance, an innocent comment about your health or details of the accident may be twisted to suggest you were at fault or that your injuries are not as severe as you claim. By engaging our firm, you ensure that your communication is managed professionally. This protects your rights and safeguards your potential compensation, ensuring your statements are accurately presented and effective in securing a fair settlement.
Compensation in Personal Injury Cases
Potential compensation in personal injury claims can include:
- Medical expenses: This includes all costs incurred for medical treatment related to the injury, including hospital bills, medication costs, therapy fees, and future medical expenses.
- Loss of earnings: This covers the income lost due to the injury, including wages lost while recovering and any loss in earning capacity if the victim can't return to their previous job.
- Property damage: If the personal injury incident resulted in damage to property, like a car in an auto accident, the victim can be compensated for the repair or replacement value.
- Pain and suffering: This refers to the physical discomfort and emotional distress the injury caused the victim.
- Emotional distress: This accounts for the psychological impact of the incident, including anxiety, depression, and post-traumatic stress disorder (PTSD).
- Loss of consortium: If the injury has negatively impacted the victim's relationship with their spouse or family, they may claim compensation for loss of consortium.
- Punitive damages: In cases where the party at fault acted especially negligently or maliciously, punitive damages may be awarded as a form of punishment and deterrence.
In California, the statute of limitations for personal injury claims is typically two years from the date of the injury. If you fail to file a lawsuit within this time limit, you generally lose your right to legal recourse.
Get the Help You Need at This Critical Time
Smith Dollar’s deep understanding of California law and our steadfast dedication to our clients makes us a leading choice for those seeking fair compensation. We work tenaciously to ensure that your rights are respected and that you obtain the justice you seek in personal injury claims and lawsuits.
A free consultation is available with one of our Santa Rosa personal injury lawyers. Contact us online or at (707) 405-7391 to get started.